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Law professors condemn 'hectoring' of solicitor general by Ian Macdonald – politics live Law professors condemn 'hectoring' of solicitor general by Ian Macdonald – politics live
(35 minutes later)
3.14am BST
03:14
Gleeson says he has tried to talk to the AG about the matter.
After the election, Gleeson wrote on 16 July to Brandis and received no response.
The attorney general has refused to engage with me on this topic despite knowing the detail of my concerns.
O’Sullivan says given Gleeson has tried to avoid politics, he must have known by talking to Dreyfus he would create “a political shit storm”.
Chaos ensues.
Gleeson says:
I thought the right thing to do was to answer honestly that question.
(Here is the difference between traditional bureaucracy and modern politics. And this whole exercise must chill young public servants to the bone.)
The committee breaks.
Updated
at 3.18am BST
3.07am BST
03:07
I will do a summary in the short break between Gleeson and Brandis, which was due over an hour ago.
3.07am BST
03:07
O’Sullivan asks about “human interaction” with Gleeson over the past weeks.
Gleeson says people have made comments about the matter but any questions on that would be outside the terms of reference of the inquiry.
O’Sullivan wants to know if any inquiries to him were from MPs or the media.
No and no.
3.04am BST
03:04
Gleeson says he rarely speaks to opposition members. We are back to the Dreyfus conversation.
O’Sullivan wants to know if he made a similar inquiry to Gleeson on a matter in the agriculture department, would Gleeson give him an answer?
Gleeson says its a different situation.
3.00am BST
03:00
Hectorer-in-chief.
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at 3.04am BST
2.58am BST
02:58
Profs galore:
After a while the whole #BrandisGleeson hearing just depresses. Why did it come to this? Is this a fight the govt needed to have? #auslaw
2.57am BST
02:57
#BrandisGleeson via @deaf_soundo #auspol pic.twitter.com/CieAPpsB8N
2.55am BST
02:55
After argy bargy, we get back to questions.
Gleeson says he did not discuss with Brandis any evidence he would give today.
(If the senators are too combative, they take up their time to ask questions.)
2.53am BST
02:53
Sam Dastyari speaks!
O’Sullivan:
You should go back to China!
2.52am BST
02:52
On to LNP senator Barry O’Sullivan.
O’Sullivan asks why Gleeson’s example of providing advice to the prime minister in the past few days is a breach.
He asks if Gleeson sought advice from his “client” – the government – if he could reveal that advice.
Gleeson says he does not regard anything he has said as inconsistent with his duties.
The chair is defending Gleeson and O’Sullivan accuses Louise Pratt of a cover-up.
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at 2.54am BST
2.44am BST2.44am BST
02:4402:44
Gleeson takes issue with questions from Labor too. He doesn’t want to give “evaluative assessment” of the matter.Gleeson takes issue with questions from Labor too. He doesn’t want to give “evaluative assessment” of the matter.
Watt asks if Brandis’s statement to parliament that he had consulted Gleeson in their 30 November 2015 meeting was correct?Watt asks if Brandis’s statement to parliament that he had consulted Gleeson in their 30 November 2015 meeting was correct?
Gleeson says he doesn’t want to answer due to the controversy.Gleeson says he doesn’t want to answer due to the controversy.
Gleeson tells the committee he asked the secretary and deputy secretary of AG’s department why he wasn’t consulted but notes that he did not “understand” their reasons.Gleeson tells the committee he asked the secretary and deputy secretary of AG’s department why he wasn’t consulted but notes that he did not “understand” their reasons.
He said he was told by the deputy secretary that if there was to be consultation it was to be between the AG and and the SG.He said he was told by the deputy secretary that if there was to be consultation it was to be between the AG and and the SG.
It never occurred.It never occurred.
Essentially Gleeson says he was told by the secretary and the deputy secretary that it was up to the AG to consult with the SG.Essentially Gleeson says he was told by the secretary and the deputy secretary that it was up to the AG to consult with the SG.
UpdatedUpdated
at 2.48am BSTat 2.48am BST
2.37am BST2.37am BST
02:3702:37
Gleeson says he heard about the new direction on 4 May 2016, after it was issued on the same day. He wrote on 24 May to the secretary of the AG’s department stating he disagreed because broadly:Gleeson says he heard about the new direction on 4 May 2016, after it was issued on the same day. He wrote on 24 May to the secretary of the AG’s department stating he disagreed because broadly:
UpdatedUpdated
at 2.41am BSTat 2.41am BST
2.34am BST2.34am BST
02:3402:34
Gareth HutchensGareth Hutchens
Over at the House of Representatives’ standing committee on economics, officials from the Australian Prudential Regulation Authority are being interrogated.Over at the House of Representatives’ standing committee on economics, officials from the Australian Prudential Regulation Authority are being interrogated.
Wayne Byres, Apra’s chairman, told the committee how difficult it was to attract and keep talent with the wages Apra can afford to pay.Wayne Byres, Apra’s chairman, told the committee how difficult it was to attract and keep talent with the wages Apra can afford to pay.
He said people often come to work for the regulator for the experience, but leave for jobs in the private sector where wages are much higher.He said people often come to work for the regulator for the experience, but leave for jobs in the private sector where wages are much higher.
He said Apra tries to benchmark its pay to the 25th percentile of the average pay in the financial system, then make up the difference with a range of other benefits, including work-life balance.He said Apra tries to benchmark its pay to the 25th percentile of the average pay in the financial system, then make up the difference with a range of other benefits, including work-life balance.
But it still loses more than 90% of its people to the private system.But it still loses more than 90% of its people to the private system.
He said the government did provide Apra with extra funding in the last budget to help it improve its data system and analytical capacity, but the problem of wages remains.He said the government did provide Apra with extra funding in the last budget to help it improve its data system and analytical capacity, but the problem of wages remains.
UpdatedUpdated
at 2.41am BSTat 2.41am BST
2.34am BST
02:34
Professor of international law, Sydney Uni:
Sen Ian Macdonald suggests advice of Commonwealth Solicitors-General is not 'real law' #BrandisGleeson #auslaw #auspol
2.30am BST
02:30
Gleeson goes to the meeting of 30 November last year between Brandis and Gleeson.
He says there was no talk of a new legal services direction at that meeting and he says he would have told him he did not think it was a lawful direction.
Gleeson says if he had been told Brandis was considering a new direction and what was going to be in it, the matter would have developed very differently.
Updated
at 2.39am BST
2.25am BST
02:25
Professors of law coming out to decry Gleeson’s treatment in the committee:
Shameful hectoring of the SG by Senator MacDonald #BrandisGleeson
2.25am BST
02:25
Again thanks to Matt from the ABC:
Solicitor-General Justin Gleeson on his concerns for his office's independence#BrandisGleeson @abcnews pic.twitter.com/zTvJbUq2SQ
2.23am BST
02:23
Thanks to Matt for this explosive interchange:
And another one...#BrandisGleeson @abcnews pic.twitter.com/9MTgIysAPd
2.22am BST
02:22
This is from Justin Gleeson earlier and summarises his position on this matter:
It is a radical change in the practice whereby a solicitor general can do nothing, cannot even speak to a lawyer, until he has received a brief with a signed consent. Do I lie awake at night worrying about it? I have every night since 5 May, trying to determine how this could have come about and what is the correct way to try and respond to and remedy this situation.
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at 2.28am BST
2.19am BST
02:19
Just re the argument with Reynolds over the caretaker conventions for statutory authorities such as the SG.
This is from the Department of Prime Minister and Cabinet:
1.6 The conventions and practices have developed primarily in the context of the relationship between ministers* and their departments (and, by extension since the commencement of the Public Service Act 1999, executive agencies). The relationship between ministers and other bodies, such as statutory authorities and government companies, varies from body to body. However, those bodies should observe the conventions and practices unless to do so would conflict with their legal obligations or compelling organisational requirements.
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at 2.29am BST
2.17am BST
02:17
SG Gleeson on why he called the November 30 meeting with AG Brandis.#BrandisGleeson @abcnews pic.twitter.com/UCD9SGNDvT
2.16am BST
02:16
Some LNP Senators need schooling in the basics of Australia's constitutional system #BrandisGleeson #auspol #auslaw
2.11am BST
02:11
The chair, Louise Pratt, notes the hearing is running over time and Brandis will have to be told he will appear 30 minutes later.
Updated
at 2.26am BST